论人民代表大会制度下司法对规范的违宪审查

为了建构我国的民主政治体制,切实保障公民权利的实现,树立宪法的最高权威,充分发挥司法权的内在功能,克服立法机关违宪审查机制的弊端和微效,我国应参考世界通行做法,导入司法对规范的违宪审查制度。20年来,决策层总是以司法违宪审查制度与人民代表大会制度相抵触而拒纳,这是对人民代表大会制度的误读。其实两者不矛盾,可以共存。综合各种因素考虑,我国最好建立宪法法院与普通法院相结合的司法对规范的违宪审查制度。

On Judicial Review of Unconstitutional Norms of the People''''s Congress System

To establish the democratic political system, protect the realization of civil rights, set up the constitutional supreme authority, bring the inner functions of judicial rights into full play and overcome the defects of unconstitutional review system of the legislative body, China should introduce the judicial review system of unconstitutional norms with reference to practices of other countries. Since 1982, the judicial review of constitutionality has being refused in China for the reason that it is conflicts with the system of People's Congress. In fact, the system of people's congress is compatible with the system of judicial review of constitutionality. Taken all kinds of factors into account, it is better for China to adopt a system of constitutionality review in which constitution court and regular court jointly assume the duty of judicial review of unconstitutional norms.